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P.K.TARE
BADRIPRASAD GAURISHANKAR SHUKLA – Appellant
Versus
UMASHANKAR MUNNULAL – Respondent


Advocates Appeared:
R.R. Padhye, for the Appellant; P.C. Pathak for Opposite Party No. 1, for the Respondent

ORDER

P.K. Tare, J.

This revision u/s 115 of the CPC is by some of the defendants against the order, dated 12-7-1960, passed by Shri S.N. John, Second Civil Judge, Class I, Bilaspur, in Civil Suit No. 108-A of 1957, holding that the Court had jurisdiction to try the suit.

The first non-applicant filed the present suit for setting aside the summary order of the Registrar of Public Trust u/s 6 of the M.P. Public Trusts Act, 1951 alleging that one Bhola Mali was the owner of the suit property. After his death, his son, Jagannath inherited the property, who, by a registered will, bequeathed the same to the plaintiff. It was further alleged that the defendants, by making incorrect representations, got themselves declared as trustees. The defendants had no right to be the trustees, nor any title to the suit property. Therefore, the plaintiff claimed a decree for setting aside the summary order of the Registrar.

During the trial of the suit, the plaintiff filed an application for amendment of the plaint, which was marked as interlocutory application No. 3 by the trial Court. That application was allowed by the trial Court and the amendments were directed to be incorporated in the pleadings. T



















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